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tv   Studio B With Shepard Smith  FOX News  October 8, 2010 3:00pm-4:00pm EDT

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>>reporter: authorities are searching today, but no signing of him. >> she asked about take a polygraph test and she danced around the whole thing. what did everyone make of that? >>reporter: people of talking about that but we learned new evidence has emerged, evidence that authorities are not telling us about but we know that there was blood on her life jacket. we will talk about that tonight on the fox report. >>shepard: thank you, chris. coming up a report on mexico's deadly drug war and where the mexican president says the government is boating the cartels and what he says about american of thees to legalize marijuana. that is coming up later in the newscast. well, a small high school outside cleveland, ohio, dealing with a spike in suicides but
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lawsuits by the family of two victims claim that their children were essentially bullied to death and the school did not do anything to stop it. in fact, in a little more than two years, three students at the high school killed themselves. another overdosed on her mother's antidepressants and died. and one of the victims, 16 years old, and in her final words, she scribbled a note describing a life of torment where students mocked her accents, threw food at her and called her repeatedly a "slut." and our chief important has the news. anything more on the bullying? than the first of the two was filed by the parents of a 17-year-old allege through teased relentlessly because other kids in that high school believed he was gay, he liked to wear pink and he was abused, all sorts of derogatory terms, and he was physically abused according to his parents.
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and on march 29, 2007, he was 17 at the time, and he shot himself in the head. the other case that you were talking about is a girl who was 16 when she hanged herself on october 2, 2008 and she was apparently repeatedly teased over her nationality of croatia and according to her parents, sflly abused by other students. >>shepard: the paints claim they went to the school with the information and the school did not do anything. >>jonathan: both of the lawsuits are identical claiming the school and the school administration was aware of the incidents of bullying and did absolutely nothing. the school board is named in the lawsuit and specific officials at both schools. and they both have this important paragraph in each lawsuit and i will read it to you now "the failure by defendants to adequately address the bullying and harassment of
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this girl is part of a policy and practice of the public school district board of education of violating students' right by ignoring bullying and harassment by other students," and also, that paragraph in the other lawsuit and both paints say the school was absolutely completely aware of this bullying. >>shepard: are there statistics to tell fuss there are more or whether it is more in the news or what is the story? >>jonathan: reliable statistics is very difficult because they are kept individually by schools and states. there are no reliable national statistics, but those records that we have tend to indicate about 50 percent of kids these days say they are, have been bull lid or taken part in bullying. i asked a psychologist that very question today, and he said, certainly, the add vent of new technology brings, makes it more apparent and more able for the
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kids to bully. listen to this. i think kids are detached from feelings. the at vent of youtubes can make kids feel they are producing reality shows and this is not for real. but, it is. so the problem is worse, and yes we hear about it more also. >>jonathan: and most of those involved in the education field certainly feel that with incidents like the rutgers university student who killed himself, and 13-year-old boy from california who hanged himself, we are certainly seeing more suicides apparently related to bullying. >>shepard: thank you from our newsroom and jonathan is chatting about this. go to your computer, to foxnews.com/shep and you will see this on the home page and right over here on the right "on the hunt," click that and
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chat with jonathan hunt and give your views of the conversation the day. one week after president obama's chief of staff left to run for mayor of chicago, there is another shakeup at white house today. retired general james jones stepped down after less than two years on the job. today, the president said that was the plan from the beginning. >> because of his patriotism and dedication to keeping america safe, we were able to agree that he would serve but he asked to serve for about two years and i am extraordinarily thankful that both he and his wife, diane, agreed to make that additional sacrifice for our country. >>shepard: this is interesting because of the heightened terror threat level in the last few weeks and the terrorist chatter online is reportedly similar to that they noticed before the attack of 9/11 and the white house is getting ready for a midterm election in the next few weeks and now bringing it
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together for us, all that said this was not a big surprise and it will not change day-to-day operations, he was a figure ahead, right? >>reporter: it is not a big surprise because you have a sense that general jones, a retired marine corps commandant made a tough transition to politics. early there were talks whether the health was okay, his work ethic, a lot of criticism, so you got a sense he was not long for this administration. his replacement is an insider who has been working here around-the-clock and so is well regarded on the inside, a peaceful scene in the rose garden with the president and general jones and the guy who will take over the role but every indication we have is that it was very unpeaceful behind closed doors. >>shepard: unpeaceful? >>reporter: a lot of tension. a lot of tension. we understand from bob woodward's new book the daggers
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thrown in the book made it worse and general jones said the guy who is going to take the job, you have not been to iraq or afghanistan and you have for respect from the military, defense secretary gates was quoted saying he would be a disaster if he replaced jones, and aides reached out today to say that was a dated character saights and they have worked through the issues and things are fine. here is defense secretary gates. >> i have thoroughly enjoyed working with general jones. and i have and have had a very productive and very good working relationship with him, contrary to what you may have read. and i look forward to continue working with him. he was expected to leave after
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two years and it is only 20 months so the book may have moved up the departure. >>shepard: thank you, on a beautiful day at the white house, thank you, mike. the biggest bank in all of the sons putting the brakes on every foreclosure. they will not happen which could have an enormous effect on you. an update from the follow business network next. ♪ [ male announcer ] ever have morning pain slow you down? introducing bayer am, an extra strength pain reliever with alertness aid to fight fatigue. so get up and get goin'! with new bayer am. the morning pain reliever. prsso. hi. we love your weight watchers endorsed soups but my husband looks the way he did 20 years ago.
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>>shepard: bank of america will extend a freeze on home foreclosures from 23 states to all 50 states. the largest banks responding to revelation of outright fraud and bad paperwork and this threatens not just the housing market but the economy. we will have an explain in a minute. and j.p. morgan and chase have suspended foreclosures in two dozen states, and, today, pnc will follow suit. that big bank. this means that thousands of foreclosed homes that were up for sale will be pulled off the market. and now from the fox business network, so the spokesman talked about this today. what do say? >>reporter: the c.e.o. finished up a speech in washington and he did not disclose how many mortgages this affects but the bank does have
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1.5 million mortgages classified as "troubled," and some portion are in foreclosure so this means a reprieve for more of the customers. now, homeowners and the lawyers have questioned thousands of mortgages over faulty court filings. we have to clear the air. we have not found any problems. we are trying to clear the air and check our work one more time. but we have not found errors and we are checking our homework and making sure we get it right. and then we will continue the process. and he says that this will take several weeks, a few weeks. now, housing experts say that the delays in reprocessing foreclosure filings, and likely homeowner lawsuits, more of them, will slow the recovery of the housing market, slow sales of the foreclosured homes that must be sold at some point to
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clear out the housing inventory and that could cost workers, like real estate and contractors their jobs. >>shepard: and congress is investigating? >>reporter: the senate banking committee announced they will hold a hearing on all of this november 16. >>shepard: thank you from washington, today. news from north korea, a top official confirms reports that kim chong-il's youngest song, will, in fact, succeed his father as the next leader of the nation. a week or so ago, the dear leader, kim chong-il, made kim the younger a four star general and he is on the left. kim the younger. he has no experience doing anything, nothing, but he is in line to lead a nation of 24 million people, many of them starving. this is the first public confirmation from north korea that kim the younger will be the third generation of the family to lead north korea. the 33 miners trapped in chile could be free by next tuesday.
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that is according to the health minister. they have been stuck half a mile underground for more than 60 days now, and according to the mining minister, one of the three rescue shafts could reach the men this weekend. after the rescue shaft is completed and stabilized they will hoist each of the miners to the surface in a steel capsule. and now, our reporter is like in chile at the mine. >>reporter: we just talked to some of the drillers who are very confident they have a new hampshireer -- hammer in place and all systems are "go," and for the families, the wait is almost over. (inaudible lyrics) it looks like life: laundry, knitting, children.
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but it's not. since the first day, she says i have one thought: to know my two sons half a mile underground are alive. they send messages in bottles, they watch giant machines go by, but mostly, they wait, on rocks, in desert sun, to know. when that escape hatch breaks through, they will test the rocks to see how stable they are before they pull the miners are up and will lower cameras and the miners half a mile underground will play an active role shooting up live pictures and they will be the eyes and ears of the rescuers. >>shepard: thank you, from chile, steve. we are getting a new live feed and these are live pictures we are watching. listen.
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"justice for the hartleys," the american couple, the wife says, that the husband was murdered on the lake on the border in texas and mexico. she claims that pirates shot her in the head. but, frankly, the mexican authorities do not believe it. there is in body. no jet ski. they have found blood on her somewhere which we reported earlier and we will get details on that and they want justice for the hartleys and the like demonstration is going on. our network news service affiliate and the local abc station updates as we get them. first in the nation decision: a federal judge siding with the obama administration in the health care battle ruling that the new health care law is constitutional. but this is not over. and we will debate the facts on it.
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>>shepard: a key legal victory for the white house in defense of the controversial health care bill. the issue here: whether the federal government can constitutionally require americans to buy health insurance. opponents say it violates the commerce clause of the constitution but yesterday, a judge in michigan rejected that argument ruling the law is constitutional. this round goes to the white house. but there are still more than a dozen other lawsuits challenging very aspects of the health care law. and now to the legal panel. our legal analysts. good to see you both. mark, why would this not be constitutional? >>guest: i think it is constitutional. i think it's bad policy. i am down on the bill. >>shepard: what is your problem with it? >>guest: my problem with obama care, it is not a good public
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alternative. it forces insurance if ways that it should not be forces opposed to doing something better to take care of the millions of uninsured in america. >>shepard: arthur? >>guest: but it is constitutional. the answer is, do not expect the courts to fix this. >> the complaint is taxes are so high is because of the health care system to support the people would do not have health insurance. so, now, through the president, congress has enacted the laws into effect in september of 2014, saying you have to, have to, the way you have to pay taxes, you have to purchase health insurance. and that supposedly will help settle national debt, et cetera, et cetera. do you think after we purchase the health insurance that our taxes are going to be lowered? because i don't think so. congress hides under this commerce clause.
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they hide under it for criminal law and now with the policy of health care law. and i think in florida and virginia where the two suits are pending, watch those judges come to a different conclusion. and throw this into a tailspin and throw it into the hands of the united states. >>shepard: why will they come to a different conclusion? >>guest: this judge is saying it fits perfectly because the inactivity of people, the people who don't want to pay something, their inactivity is affecting interstate commerce. that is kind of backwards logic. what you are saying is people paying it affects commerce. a different judge could look at 9 same set of facts and interpret are very differently. >> with due respect to arthur that is not the way the law is. it affects interstate commerce whether for a positive or negative interaction. i live in texas and you are required to buy auto insurance if you drive a car. en in the united states is
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required to pay withholding medicare taxes if you are getting a paycheck. the government has the authority to do it. if you don't like it, i don't like it, then change the politics that voted for it. >> it will not happen. >> and how come in florida and virginia, similar lawsuits, there has been a motion for summary judgment, saying judge, throw this out, and the judges have not done so and they say they will hear the merits of the case. if it is so open and shut the judge would throw it out. >> open and shut is different than a motion for summary judgment which says this is absolutely no fact issue whatever. opposed to a judge saying, okay, i have to hear facts to know the fact on interstate commerce, blah, blah, blah. and then they throw it out. 99 out of 100 summer judgments are not granted. if you do not like obama care,
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change the politician. >>shepard: we are here to not tack about politicians but the constitution. thank you, both, mark and arthur. in hollywood, florida, there was a water tower rescue and threedz are like pictures -- these are live pictures from florida and one worker is down. hollywood, florida, is way up in northern miami, dade county, on the line with broward county, to the west of highway and this began last this morning they got one worker down, and this is video from a short timing a from atop the water town. hollywood, fort lauderdale and broward fire units responded to this and set up a command center hours ago. you can see they are way up there, complicated procedure as was described to pull out the two private contractors.
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a spokesman for the city of hollywood, florida, explained the city was doing maintenance worker and two workers were on scaffolding inside the bowl and the scaffolding gave way, and one was said to have a severe leg injury and the other unconscious. the first is down and the second is pulled from the bowl and this is the top of the water tower and the bowl on top and they got down in there, got the worker out of the bowl and the worker is pulled to the top of the water tower to lift this worker, or drop this worker, carefully, down to the ground to get medical treatment. it is an ongoing rescue ferlt and well take you back. the deadly drug war in mexico is responsible for kills tens of thousands. so why is the mexican president claiming success in a battle against the cartels? there is a catch. we will have that ahead. stay tuned. like fruit.
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>>shepard: the bottom of the hour and time for the top of the news. the mexican president says his government is winning the war on violent drug cartel.
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really? but the catch is, the victory thing only goes for one city. the president says that the border town south of san diego is now much safer because drug gangs and kidnappings and killings is happening less often than it used to and it acknowledged a different so story where drug violence has killed 7,000 people since 2008. drug violence across the entire country has killed reportedly more than 28,000 since the president calderon launched the crack down in 2006 and now to the west coast. do the facts support the statements? >>reporter: he is correct when he says the major drug kingpins have been taken down and the number of police officers gunned down in the streets in the past 12 months has dropped dramatically. the businesses in the city have seen an uptick in business and tourism and he says "it went
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from a city seized by terror and focused only on questions of crime to a city motivated by hope and focused on being competitive." but the down side the facts say that the murder rate in tijuana is rising for the first time in a couple of years and an expert says that it is not the government that controls the violence, it is the cartels and when they decide to start fighting again in tijuana the crime will go up. >>shepard: but in juarez they blame the budget? >>reporter: they say the crack down has been weak and in effective. you show the numbers, it is arguably the most dangerous place on the planet now, more dangerous than baghdad or valley in pakistan. this is 30 yards across the river from el paso and the violence is pushing into the rio grande valley where falcon lake,
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the american jet skier was slot and killed and the drug lords acknowledge and are controlling wide areas of the rio grande valley creating dangerous drug corridors and the president calderon blames that on the united states and our patch tight for -- and our appetite for drugs in this country. >>shepard: john edwards has gone from candidate of president to grand jury investigation. next, we will speak with one of the people at the center of the controversy: a former aide who claimed to be the father of john edwards' love child. stay tuned.
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>>shepard: legal trouble for the former north carolina senator and one time presidential candidate, john edwards could be getting a lot deeper. according to a new report
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prosecutors have issued a staggering 20 subpoenas relatived to accusations the campaign used funds to keep an affair quiet. that means a great jury could be about to hear testimony from 20 new secret witnesses. as you probably know, john edwards admitted he fathered a child with his mistress rielle hunter but investigators campaign the campaign funneled money in an attempt to buy her sigh license about the affair and the pregnancy. john edwards' attorney denies it all. and now, former aide to john edwards already testified in this case, andrew young joining us from raleigh in the heart of wolf pack nation and wrote a book about john edwards called "the politician." good to see you. thank you. >>guest: tar hill country, by the way. >>shepard: to be frank, raleigh is wolf pack nation, go wolf pack. for love here for the light blue. how do we process this?
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i guess if you say i love john edwards, they are trying to take him down for having an affair, and if you don't, you are probably questioning whether he used campaign financing illegal to keep the woman quiet. >>guest: well, that is part of the question the feds have been dealing with. how do you approach something that when they wrote the campaign finance laws nobody could anticipate something like this. but if there are 20 new subpoenas can i have no way of knowing whether there are or not, the feds have been professional, they don't tell you a lot but they have been professional with me, but, it shows two things: one, they are very serious about dealing with corruption with politicians in washington, dc; and politics is the backbone of america and if the last few years have not shown how important politicians are they are going after the blagojevichs, going after the john edwardss, and if they don't do it, if they do not clean up
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corruption in washington, dc, no one will. >>shepard: what i wonder about this whole case, we are led to believe and i think you said it in the past most of the people in the in inner circle knew what was going on, why would they let a man lie like that who wanted to be president? >>guest: you know probably far more politicians than i do, and politics especially national politics is a very powerful win at all costs kind of thing it and a thing of the guy you are working for or the woman you are working for, they are the good people. the other side are the evil people. and what happened with john edwards, we believed this was somebody would represented causes we believed in deeply. and as happened many times before this, you put, we put what we thought was the greater good, the causes and the man we deeply believed in, ahead of the golden rule, do what's right. and it is easy to do that.
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you can look at dozens of different scandals in the past and that is what happened with us. >>shepard: you get the indication by, it is our understanding but we cannot find out through official channels who has been subpoenaed but we have been led to believe it is high powered washington, dc folks and suggesting it is not just about john edwards campaign but they could be looking how he was running the senate office, how he was doing the people's work, and whether he was taking the people's money and iewgz it to keep his bed company quiet. >>guest: well, there were abuses in the senate office. there is no doubt about that. i was told when this started that was something they were just not going to focus on because it is so prevalent in washington, dc. if that comes out of this that they focus on how senators and congressmen misuse, when they go up there half are millionaires
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and the rest back millionaires after they leave office and if they go up there and take a serious eye at how the people abuse their staff, abuse the perks they get, all the strips, all the staying at millionaires' houses if that comes out, god pleses the feds because the staffers in washington, dc, they get abused left right and center by the people they work for. >>shepard: between the estranged wife and all the money he has made through his legal practice and otherwise, there is a very deep well of money here to tap if they want to do that and i wonder if the estranged wife could get tied up into this thing? >>guest: well, elizabeth, god love her she has been through electric and back, but elizabeth was the one that ran all of the campaigns from the very beginning. john was the face of it. but anybody in washington, dc, any of the people who worked for any of the campaigns will tell
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you: elizabeth micromanaged every aspect of the campaign. i don't think, i think the feds will, with her cancer, they will have a difficult time trying to bring her into this but these guys are professionals and they do what they need to do. >>shepard: andrew young was involved with his political career and personal life. great to see you. thank you. a man says his roommate wanted to drink his blood. he refused. so he says he stabbed him. the vampire craze is getting out of hand. you think we are kidding. stay tuned.t! at progressive, you can compare rates side by side, so you get the same coverage, often for less. wow! that is huge! [ disco playing ] and this is rto remu that you could save hundreds!
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>>shepard: in hollywood, florida, a dramatic rescue has happened atop the hollywood, florida, water towers like pictures from the news station for south florida, they, two
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guys, were inside working on a construction project and they got messed up and they got one worker out of the the bowl and the second worker is out of the bowl and we were led to believe one of them could have been unconscious and this man is led down and we have seen movement on the stretcher, so, the hope is everyone will be fine but they have gotten them to the catwalk around the bowl and they will lower him to the ground. ambulances are waiting and both men are expected to survive. details of the accident i am not clear entirely but as we get those we will bring them to you and an update tonight on the fox report. the labor department today releasing more bad news on the economy. according to the feds we lost 95,000 jobs in september, the fourth straight month of decline and caught analysts completely off guard. complicated matters for the white house, it is the last jobs report's the midterm election.
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and the administration is already doing a lot of damage control. and now to the white house. what are they saying behind you? >>reporter: the jobless rate is stuck at 9.6 percent and the president and the aides are disappointed at a business outside washington today, the president said that private sector job growth is increased the past nine months, which is good thing, but 159,000 government jobs lost last month tipped the scales in the wrong direction. >> these continuing layoffs by state and local governments, teachers, police officers and firefighters and the like would have been worse without the federal help we provided the states the last 20 months; help that republicans in congress have consistently opposed. >>reporter: there could be more bad news, the league of cities predicts that local governments will lay off 480,000 people this year and next and that doesn't include layoffs
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from private companies that do businesses with cities. >>shepard: what are republicans saying? >>reporter: they are saying "i told you so." an objection republicans had to the stimulus bill was the tens of billions in aid to states to help balance their budgets without having to lay off teachers and cops. senate minority leader said today if a written statement "the trillion stimulus didn't live up to promises made by the passion and democrats in congress and last jobs report before the november 2nd midterm was red meat to house minority leader boehner at a rally in cincinnati. >> your government is out-of-control. do you have to accept it? do you have to take it? hell no, you don't! we now have the longest stretch of high unemployment in excess
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of 9.5 percent since the great depression. >>shepard: depressing. thank you, from the white house, wendell. and now the massive spill of toxic sludge in europe, most of the still is still wet and doing what is described as incredible. what happens when all that water, with all the junk in it, dries out, towns to dust, and the wind blows? think of it. the latest brand new warning next. next. stay tuned. [ male announcer ] this is rachel, a busy mom. she starts at dawn and so does her back pain. that's two pills for a four hour drive. the drive is done. so it's a day of games and two more pills. the games are over, her pain is back, that's two more pills. and when she's finally home, but hang on, just two aleve can keep back pain away all day with fewer pills than tylenol. this is rachel, who chose aleve and two pills for a day free of pain.
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>>shepard: breaking news on fox and we got word that a school is on lockdown in
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california. the kelly elementary school placed on lockdown following reports of a shooting according to kgtv and one person is in custody after shots were fired on the campus of the kelley elementary school. the local abc television station is reporting this. according to dispatchers at the local authorities, the shots were shortly after 12:00 noon at kelly elementary school an hillside drive, about 55 minutes ago and the school has been placed on lockdown and self injuries were reported but it was determined they were not related to a shooting. a medical helicopter said to be landing near the school in response to the situation now and police confirm that one person connected to the incident has been taken into custody. this from our soviet work news
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service affiliate in carlsbad, california, and the school is in lockdown and one person in custody. even the toxic sludge responsible for killing seven people, when it dries, the danger will still not end. according to hungary's environmental minister, the flow covers 16 square miles with heavy metal and when it dries, they say the wind will blow the dust causing breathing problems. the local folks report the danube river is absorbing the spill without aniality harm. authorities in the united states stepping up security on the nation's railways, after warning world leaders of a possible terror threat to mass transit. we recorded on this early in the week, but the department of homeland security officials say authorities plan the security surge, as they call it, operation rail safe, planned it a while back it and is not
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connected to terror threats in europe. and now the latest from penn station in manhattan. >>reporter: you mention a travel alert from the state department for europe, and it isn't connected to today's subject of security but it is not forgotten. i had a chance to talk to amtrak's police chief, and he said that it weighs on their mind how vulnerable the railways are every day. >> i think it's still point to make sure the dots are connected. you can never let your guard down and think you are doing enough. always look to do more. >> take a look at what they noon by a little bit more. lots of k-9 units and bigger and badder weapons, at railway systems across the country. you will see it today. most days you see some. you don't see all. but they are taking it very seriously, and they are not thinking about the threat
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overseas. >> thank you from person -- penn station in new york city. the new jersey governor announced he is planning to stop the underwater tunnel which was to be a second rail tunnel below the hudson river connecting new jersey and new york. they need it but it has gone $2 billion over budget, and the governor said new jersey cannot afford it. we have a flash from associated press that the new jersey governor christi says he will rethink that decision. so that is a developing story and we will have details tonight on the fox report at 7:00 eastern and 6:00 in oxford and now neil cavuto.
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